Waterhouse Drug Corp. v NLRC

Facts:

Antonia Melodia Catolico was hired as a pharmacist by Waterous Drug Corp. Catolico sold to YSP Inc. 10 bottles of Voren Tablets at P384 per unit. However, the normal selling price is P320 per unit. Catolico overcharged by P64 per unit for a total of P640.  YSP sent a check payable to Catolico as a “refund” for the jacked-up price. It was sent in an envelope addressed to her. Saldana, the clerk of Waterous Drug Corp. opened the envelope and saw that there was a check for P640 for Catolico.

Waterous Drug Corp. ordered the termination of Catolico for acts of dishonesty. NLRC: Dismissed the Petition. Evidence of respondents (check from YSP) being rendered inadmissible, by virtue of the constitutional right invoked by complainants.

Petitioners: In the light of the decision in the People v. Marti, the constitutional protection against unreasonable searches and seizures refers to the immunity of one’s person from interference by government and cannot be extended to acts committed by private individuals so as to bring it within the ambit of alleged unlawful intrusion by the government.

Issue:

Whether or not the check is admissible as evidence.

Held:

Yes. The Bill of Rights does not protect citizens from unreasonable searches and seizures perpetrated by private individuals. It is not true, as counsel for Catolico claims, that the citizens have no recourse against such assaults. On the contrary, and as said counsel admits, such an invasion gives rise to both criminal and civil liabilities. Despite this, the SC ruled that there was insufficient evidence of cause for the dismissal of Catolico from employment Suspicion is not among the valid causes provided by the Labor Code for the termination of Employment.